GR 4471; (September, 1909) (Digest)
G.R. No. 4471
DAMASA SEGUI, plaintiff-appellant, vs. CANDIDO SEGUI, defendant-appellee.
September 9, 1909
FACTS:
Plaintiff Damasa Segui and defendant Candido Segui, who are siblings, were involved in an action for partition of two parcels of land in Cabugao, Ilocos Sur. Damasa alleged that the lands were inherited from their father, Nicolas Segui, and should be divided equally. The Court of First Instance denied the partition, prompting Damasa to appeal, citing errors in the appreciation of evidence and the application of prescription.
Upon review, the Supreme Court found the following facts clearly proven: Nicolas Segui, the father, had given portions of land to each of his children as marriage gifts during his lifetime, including the lands in question to Damasa and Candido. Candido had been in possession of his tract for twenty years, and Damasa had received her parcel even prior to Candido. Neither the parties nor their father had documents of ownership. Crucially, the evidence showed that at the time of Nicolas Segui’s death and for some time prior thereto, he owned no property and left no estate.
ISSUE:
Whether the two parcels of land, received by the plaintiff and defendant from their father as absolute marriage gifts during his lifetime, constitute inheritable property subject to partition after the father’s death.
RULING:
No. The Supreme Court affirmed the lower court’s decision. It ruled that the evidence clearly showed the land in question had been given by Nicolas Segui as an absolute gift to the respective parties (Damasa and Candido) during his lifetime. Consequently, the land could not be considered part of a coparcenary estate. Since the property had become the absolute property of each recipient by virtue of their father’s gift, and Nicolas Segui died leaving no estate, the heirs (Damasa and Candido) had no right to demand its partition as inherited property. The issue of prescription was deemed unnecessary to discuss given this finding.
